Does state law require public schools to be "open to all"?
Yes—
constitutional
Does state law mandate "equality of educational opportunity"?
No
Do the courts recognize education as a fundamental right?
No
State Constitution
Art.8 § 1.The stability of a republican form of government depending on the morality and intelligence of the people, it shall be the duty of the Legislature to establish and maintain a general and uniform system of public schools wherein tuition shall be without charge, and equally open to all; and to adopt all suitable means to secure to the people the advantages and opportunities of education.
Notes
In South Dakota, attendance zones could be vulnerable to a challenge based on the promise in the state constitution that the public schools be “equally open to all.”
Open Enrollment
WITHIN-DISTRICT
Required for districts, but geographic enrollment preferences are allowed. S.D. Codified Laws § 13-28-44
CROSS-DISTRICT
Required for districts, but geographic enrollment preferences allowed. S.D. Codified Laws § 13-28-21
State Law Establishing Attendance Zones
S.D. Codified Laws § 13-28-19: “The school board shall assign and distribute the resident students eligible for elementary and secondary education among the schools in the district or to any public school in this state or any other state.”
State Law Criminalizing Use Of Incorrect Address
S.D. Codified Laws § 13-28-9: “The student or the student’s parents or guardian may not establish school residence and be exempt from the payment of tuition if the residence of the parents or guardian of the student is acquired solely or principally for obtaining free school privileges.”
Charter School Admissions
No charter school law.
